2007-02-fall-the paralegal advocate

21
INSIDE THIS ISSUE: President’s Message SE Chapter Report West Chapter Report Fall Seminar Information NALA News!! Congrats to new CP/CLA’s Word/Puzzle Trivia Announcements/Reminders 2007 Officer/Board Members East Chapter Report TPA History: Education ’85 – ’90 Spring Board Minutes 2007 Publication’s Chair Message Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION President’s Message I hope everyone had a fantastic summer that included some time for rest and relaxation. Welcome to Fall! As TPA finishes up its 27 th year, we can be very proud of the things we have accomplished this past year. As you will see in this issue, thanks to First Vice President Tracey Williams and her unbelievable efforts at lining up speakers and vendors, we are set to have another great Fall Seminar and Annual Meeting in Brentwood on November 2 and 3. I hope to see many of you there. There is still time to register and a brochure is included in this issue. Caleeta Beagles, Laysha McCullaugh, and I attended the NALA Annual Convention in New Orleans in July and we learned a great deal from practice area sessions, as well as from affiliate association meetings--hearing about the ideas utilized by associations across the country. As a first-timer, Laysha was especially impressed and you can see her complete report inside this issue. She can tell you how inspiring and motivating it is to attend one of the annual conventions where you get to absorb great ideas and enthusiasm from fellow professionals. For those of you who are not aware, your TPA board voted this past year to save money formerly spent on printing and mailing The Paralegal Advocate by emailing it instead (except for the summer issue which we also hand out at the NALA Convention) and to invest that savings in the future of our association by defraying the cost of attending the NALA convention for a deserving and active member. Laysha took advantage of that this year, and if you would like to take advantage of that and attend a future NALA Convention, get involved and get noticed by the board! (With the understanding that you will become even more involved in the future). Plans are underway for TPA to host some receptions in Nashville and the Middle Tennessee area and to get a Chapter formed there in 2008. You can help by volunteering as a member of the committee we are forming to organize this effort. Please contact Second Vice President Louise Mulderink if you want to be part of this effort. We are looking forward to more accomplishments with the great slate of officers who have already volunteered to serve you in 2008. You can still take the opportunity to run for any office and, in particular, we need someone to serve as our Secretary for 2008. It has been very fulfilling to serve as President for the past two years, to get to know so many of you better and witness renewed enthusiasm in our state association. It is growing stronger as it gets older, but still has even greater potential to serve its members. Please remember that this is YOUR association, and that the board is always open to your suggestions for ways TPA can better serve you. If you have questions, or would like to become more involved, please contact one of us. Our names and email addresses are listed on page10. Please let us hear from you. FALL 2007 Volume 26 Number 3

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Page 1: 2007-02-Fall-The Paralegal Advocate

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������� ���������� INSIDE THIS ISSUE: � President’s Message � SE Chapter Report � West Chapter Report � Fall Seminar Information � NALA News!! � Congrats to new CP/CLA’s � Word/Puzzle Trivia � Announcements/Reminders � 2007 Officer/Board Members � East Chapter Report � TPA History: Education ’85 – ’90 � Spring Board Minutes 2007 � Publication’s Chair Message Tennessee Paralegal Association Post Office Box 21723 Chattanooga, TN 37424 http://www.tnparalegal.org

PUBLICATION OF THE TENNESSEE PARALEGAL ASSOCIATION

President’s Message I hope everyone had a fantastic summer that included some time for rest and relaxation. Welcome to Fall! As TPA finishes up its 27th year, we can be very proud of the things we have accomplished this past year. As you will see in this issue, thanks to First Vice President Tracey Williams and her unbelievable efforts at lining up speakers and vendors, we are set to have another great Fall Seminar and Annual Meeting in Brentwood on November 2 and 3. I hope to see many of you there. There is still time to register and a brochure is included in this issue.

Caleeta Beagles, Laysha McCullaugh, and I attended the NALA Annual Convention in New Orleans in July and we learned a great deal from practice area sessions, as well as from affiliate association meetings--hearing about the ideas utilized by associations across the country.

As a first-timer, Laysha was especially impressed and you can see her complete report inside this issue. She can tell you how inspiring and motivating it is to attend one of the annual conventions where you get to absorb great ideas and enthusiasm from fellow professionals.

For those of you who are not aware, your TPA board voted this past year to save money formerly spent on printing and mailing The Paralegal Advocate by emailing it instead (except for the summer issue which we also hand out at the NALA Convention) and to invest that savings in the future of our association by defraying the cost of attending the NALA convention for a deserving and active member. Laysha took advantage of that this year, and if you would like to take advantage of that and attend a future NALA Convention, get involved and get noticed by the board! (With the understanding that you will become even more involved in the future). Plans are underway for TPA to host some receptions in Nashville and the Middle Tennessee area and to get a Chapter formed there in 2008. You can help by volunteering as a member of the committee we are forming to organize this effort. Please contact Second Vice President Louise Mulderink if you want to be part of this effort.

We are looking forward to more accomplishments with the great slate of officers who have already volunteered to serve you in 2008. You can still take the opportunity to run for any office and, in particular, we need someone to serve as our Secretary for 2008.

It has been very fulfilling to serve as President for the past two years, to get to know so many of you better and witness renewed enthusiasm in our state association. It is growing stronger as it gets older, but still has even greater potential to serve its members. Please remember that this is YOUR association, and that the board is always open to your suggestions for ways TPA can better serve you. If you have questions, or would like to become more involved, please contact one of us. Our names and email addresses are listed on page10. Please let us hear from you. ���������

FALL 2007 Volume 26 Number 3

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Alpha Court Reporting Alpha Court Reporting Alpha Court Reporting Alpha Court Reporting Sponsor to Vendor ReceptionSponsor to Vendor ReceptionSponsor to Vendor ReceptionSponsor to Vendor Reception

NALA News!!! NALA FILES AMICUS BRIEF IN US SUPREME COURT in Richlin v. Chertoff NALA is again before the US Supreme Court in a case involving the reimbursement of paralegal time at market rates. In late 1996, the United States Court of Appeals for the Federal Circuit found that paralegal services are not compensable as “attorney fees” at market rates under the Equal Access to Justice Act. The Equal Access to Justice Act (EAJA) authorizes an award of fees and other expenses to certain parties who prevail in adversary administrative proceedings or in court against the United States. A petition for a writ of certiorari was filed on behalf of Richlin in June 2007 seeking the Supreme Court's hearing of an appeal to this ruling. An amicus curiae brief filed on behalf of NALA and the Paralyzed Veterans of America was filed on October 12, 2007, by Amy Howe, Esq., and Kevin K, Russell, Esq., of Howe & Russell, P.C. in support of Richlin, and urging the court to review this question. There are many issues before the court in its review of the decision of the Federal Circuit. This includes numerous lower court decisions, and the U.S. Supreme Court’s decision in Missouri v. Jenkins in which it found that under the Civil Rights Attorney’s Fees Awards Act, 42 U.S.C. § 1988, paralegal services are a component of attorney’s fees and compensable at market rates. In addition, four circuit cour ts -- Fourth, Eighth, Eleventh, and DC – have concluded that paralegal services are compensable under the Equal Access to Justice Act. NALA’s brief reminded the court that we participated in the Missouri v. Jenkins decision and provided details of the utilization of paralegals throughout the United States. In 1989 when NALA filed the amicus brief in Missouri v. Jenkins there was an estimated 53,000 paralegals in the US. Today, the Bureau of Labor Statistics reports that over 200,000 paralegal jobs are held in the United States. The use of paralegals continues to be promoted and encouraged when compensated at market rates as part of court-awarded attorney fees. In addition, public interest is served by encouraging attorney use of paralegals when possible and practical. Please visit http://www.nala.org/news.htm for a copy of the amicus brief and the petitioner's brief for additional details.

� � � �� � � �� � �� � ��

WILLIE E. SHIPP, CP of Cordova, Tennessee And

BERNARD J. WALKER, CP of Franklin, Tennessee

FOR PASSING THE JULY 2007 CLA EXAMINATION

Page 9: 2007-02-Fall-The Paralegal Advocate

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c n b e r n d a e h g t e b r s l m e r m s m a s c n f e h f c m a l e t a v j c t c n e o n o i t a c i d u j d a b t i e p n h o s g i s a r f a q u j f t s t p b a e d s i r t e b e h q e d m a u i v i r y d s g u t g e a p f u c r a d t s d a b e s f u h f c a e j y a e j b n e s c t g e c b q m i b n n d c s g c f u e i j t i c s e c a e n a u i n h b a i a e r f e d o v a d h c a e h j u o c g e t s n o i t a m a f e d f m g c n j i m e v a i m j f s e e u f n v g e l d i b t s e t s d u a e v p j e a t o n e i a b f a j n g n e f e u l d r m e i n f d g i v a g v j b i e n j e c h g u e s a e l e r e m o c o m a g m a f i q u s d s e m s n s c h r r i q d s d e f o u j a t e l a e c i l g b s n u s i g e t t n c f d r n p f e s d p a h c h n u m c h a t t e l v e c g e u a n e j i g i o t e p g b c n m e f a e d q n a v r n p d j i r m u g a e b r t i d h a m f d e m e a b r t i a e n d n d o t s f n a c e n j r j c h a o s n c g l i c o d o c e g n o i t a g i t i m h d f j c i e s u q s e i s h e r f a n d s u j u c t n a g c f a

abatement chattel injunction negligence quash abrogation codocil jurisprudence payee release adjudication defamation mitigation pleading statute breach enjoin motion precedent verdict

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Membership Contest Recruit – Recruit – Recruit

As an incentive to recruit new members, we have our annual Membership Contest. Each time your name appears on the referral line on an application received for a new member, your name will be put in the hat for a drawing at our Annual Meeting. First, second and third place prizes will be awarded. Watch future issues of The Paralegal Advocate for announcements on the prizes to be awarded.

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MORE INFORMATION FROM NALA

2007 TPA Officers and Board Members

President: Susan E. Veal, [email protected] First Vice President: Tracey A. Williams, CBA, [email protected] Second Vice President: Louise C. Mulderink, CP, [email protected] NALA Liaison: Caleeta L. Beagles, [email protected] Secretary: Tammie C. Murphy, CLA, [email protected] Treasurer: Phyllis A. Carter, CTFA, [email protected] East Region Director: Alisa C. Pruett, [email protected] West Region Director: LaFran Plunk, [email protected] East TN Chapter Chair: Nita Gorman, [email protected] S.E. TN Chapter Chair: Louise C. Mulderink, CP, [email protected] West TN Chapter Chair: Tammy R. Bradford, [email protected] Historian: Susan Westmoreland, CEBS, [email protected] Publications Chair: Laysha M. McCullaugh, [email protected]

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ANSWER KEY PART 1

c n b e r n d a e h g t e b r s l m e r m s m a s c n f e h f c m a l e t a v j c t c n e o n o i t a c i d u j d a b t i e p n h o s g i s a r f a q u j f t s t p b a e d s i r t e b e h q e d m a u i v i r y d s g u t g e a p f u c r a d t s d a b e s f u h f c a e j y a e j b n e s c t g e c b q m i b n n d c s g c f u e i j t i c s e c a e n a u i n h b a i a e r f e d o v a d h c a e h j u o c g e t s n o i t a m a f e d f m g c n j i m e v a i m j f s e e u f n v g e l d i b t s e t s d u a e v p j e a t o n e i a b f a j n g n e f e u l d r m e i n f d g i v a g v j b i e n j e c h g u e s a e l e r e m o c o m a g m a f i q u s d s e m s n s c h r r i q d s d e f o u j a t e l a e c i l g b s n u s i g e t t n c f d r n p f e s d p a h c h n u m c h a t t e l v e c g e u a n e j i g i o t e p g b c n m e f a e d q n a v r n p d j i r m u g a e b r t i d h a m f d e m e a b r t i a e n d n d o t s f n a c e n j r j c h a o s n c g l i c o d o c e g n o i t a g i t i m h d f j c i e s u q s e i s h e r f a n d s u j u c t n a g c f a

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ANSWER KEY PART 2

abatement A reduction, a decrease, or a diminution.

abrogation Destruction or annulling of a former law, by an act of the legislative power, by constitutional authority, or by usage

adjudication The legal process of resolving a dispute

breach The breaking or violating of a law, right, obligation, engagement, or duty, either by commission or omission.

chattel An article of personal property, as distinguished from real property. codocil A supplement or an addition to a will

defamation An intentional false communication, either published or publicly spoken, that injures another's reputation or good name.

enjoin To require; command; postively direct. To require a person, by writ of injunction, to perform, or to obstain or desist from, some act.

injunction A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.

mitigation To make less severe. Allevation, reduction, abatement or diminution of a penalty or punishment imposed by law

motion An application made to a court or judge for purpose of obtaining a rule or order directing some act to be done in favor of the applicant.

negligence

The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.

payee

The person in whose favor a bill of exchange, promissory note, or check is made or drawn; the person whom or to whose order a bill, note, or check is made payable…

pleading

The formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose being to provide notice of what is to be expected at trial

precedent

An adjudged case or decision of a court, considered as furnishing an example or authority for an identical or similar case afterwards arising or a similar question of law.

quash To overthrow; to abate; to vacate; to annul; to make void.

release A writing or an oral statement manifesting an intention to discharge another from an existing or asserted duty.

statute A formal written enactment of a legislative body, whether federal, state, city, or county.

verdict

The formal decision or finding made by a jury, impaneled and sworn for the trial of a cause, and reported to the court (and accepted by it), upon the matters or questions duly submitted to them upon the trial.

Definitions are from Black’s Law Dictionary Sixth Edition from Centennial Edition (1891 – 1991) West

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The Tennessee Paralegal Association History: Education (1985 – 1990)�

In celebration of our 25+ years and as a tribute to our founding members, we printed the “First Five Years” in our 2006 Spring Issue. It was the first portion of our history prepared by founding member, Lawassa Jones. Then in our 2006 Fall Issue the “Commentary” for the next five years (1986 – 1990) was printed; followed by “Chapter Activities (1981 – 1990)” in our 2006 Winter Issue. Lawassa included Chapter Activities, Education, and TPA Officers through the Years for the State and Local Chapters (1981 – 1990) in this “History” she prepared. The Spring/Summer Issue of 2007 included the “Education (1981 – 1984)” section that she wrote. Below is the “”Education (1985 – 1990)” section. Additional sections will follow in future issues to come through The Advocate. We lost Lawassa to cancer in 1995, but the history she prepared through 1990 will be with us forever. Historian and co-founding member, Susan Westmoreland, has been updating Lawassa’s work to bring us through to 2005 and we will print her updates in future issues. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Because of a fire in the basement of the Holiday Inn on Briley Parkway on April 20, 1985, our spring seminar titled Research - - Legal and Factual, started late. It was worth the wait! Barry Gold, an attorney with Stophel, Caldwell & Heggie, P.C., covered “Legal Research - - the Traditional Method.” Jay Stark, a representative of Lexis, and Kim Porter, a representative of Westlaw, discussed “Computerized Legal Research.” Janet Carruth, the reference librarian at Cleveland State Community College, discussed “Factual Research: Library Resources.” Much factual information is available in the library and Ms. Carruth taught us how to search for it. The final session of the program was a panel discussion concerning “Public Records: A Wealth of Information.” Members of the panel were Collette Jones, Lana Hamilton and Carol Carter, all TPA members.

On June 22, 1985 TPA presented a seminar entitled Corporate Work and the Paralegal at the Chattanooga Choo Choo, Terminal Station in Chattanooga. Robert McMurray, an attorney with Bell, Painter, McMurray, Callaway, Brown & Headrick in Cleveland, discussed “Business Formats.” Bettye Daugherty, a paralegal with Hospital Corporation of America in Nashville, discussed the requirements of “Incorporation” in Tennessee. Carl E. Hartley, an attorney with Stophel, Caldwell & Heggie, P.C. in Chattanooga, explained “Qualification in Tennessee.” Glenn C. Stophen, an attorney with Stophel, Caldwell, Heggie, completed the program with “Basic Tax Concepts.” A comment of some of those attending was “I thought corporate law was dull. It isn’t.”

A Litigation Practicum was held at the Blakely House in Knoxville on September 21, 1985. A hypothetical personal injury case was presented by three attorney/paralegal teams. Sidney Gilreath and Pamela Smith, with Gilreath & Associates, Knoxville, presented the “Plaintiff’s Case”; Howard Jarvis and Deborah Williamson, of Baker, Worthington, Crossley, Stansberry & Woolf in Knoxville, presented the “Manufacturer’s Defense”; and William Colvin and Elizabeth Green, with Shumacker & Thompson, Chattanooga, presented “The Hotel Defends (Through Its Carrier.” This was a new format for TPA seminars which those attending enjoyed immensely.

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Two short presentations after lunch were very interesting and helpful to the paralegals attending this seminar. Joyce Zimmerman of Volunteer Reporting Service in Chattanooga presented “Depositions: Technicals in 30 minutes? And Kim Hicks of Lanier Business Products presented “Dictation - - What First?” We went to the Soup Kitchen for lunch where we enjoyed delicious soup and watched an arrest in progress. The 1985 annual seminar, An Enlightening View of Insurance, was held on November 23, at the Holiday Inn in Jackson to “address the forthcoming changes in the insurance industry ….” Helen Herron, Insurance/Risk Manager of Jackson National Bank and Affiliates of Volunteer Bancshares, Inc., Jackson, and Randall Van Goor of Patten-Harris Insurance Agency, Jackson, discussed “The Changing Insurance Environment.” David Horton, Owner and President of Horton Associates, Jackson, discussed “Gathering the Facts – the Adjuster’s View.” Jerry O. Potter, attorney with Heiskell, Donelson, Bearman, Adams, Williams & Kirsh, P.C., Memphis, presented “The Malpractice Nightmare - - an Attorney’s Defense.”Mr. Potter indicated that the most important thing an attorney can do to prevent malpractice suits is to keep abreast of the law. He said “An attorney or paralegal who stops learning should stop practicing.” Matthew H. Kisber, Representative of the 73rd District of Tennessee, concluded the seminar with a “Legislative Update.” Perhaps the most significant law of 1985 was the one which required that every report of child abuse be investigated. As usual, the West Tennessee Chapter presented and excellent educational seminar.

Quarterly seminars were discontinued after 1985 and only one seminar was held in 1986. TPA’s 1986 annual seminar - - Office Management and An Overview of real Estate - - was held on November 7 and 8 at the Maxwell House in Nashville. Jane Cooper, Office Administrator for Gracey, Madden, Cowan & Bird, Nashville, and Sharon Carter, Legal Administrator in the Nashville office of Baker, Worthington, Crossley, Stansberry & Woolf, presented Office Management Workshop on November 7. On November 8 Blake Freeman, House Counsel and Assistant Vice President of Madison Title Company, Madison, opened the program with an “Introduction to Real Estate” and later in the day presented “Liens, UCC Filings and Judgements.” Ross I. Shram III, a partner with Shumacker & Thompson, Chattanooga, explained “Commercial Real Estate.” James R. Hinson, an attorney with Dearborn & Ewing, Nashville, wrapped up the seminar with an “Overview of Tax Law.” He discussed the effects of the Tax Reform Act of 1986 on business and individuals. Of special interest to paralegals were the “Paralegal Statistics” which Sharon Carter and Jane Cooper presented, resulting from a survey of paralegals in the Nashville area. On May 9, 1987 TPA held its spring seminar, Litigation, at the Chattanooga Choo Choo. Diane Rabun, Litigation Legal Assistant with Grant, Konvalinka & Grubbs, Chattanooga, discussed “Summary Jury Trial Procedures.” An attorney/paralegal team, James L. Golden and Nancy L. Lee with Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Chattanooga, discussed “The Role of the Paralegal in Complex Litigation.” Donna L. Pierce, a lawyer with Chambliss, Bahner, Crutchfield, Gaston & Irvine, Chattanooga, discussed “The Use of the Computer in Complex Litigation.” At this seminar we learned what a litigation paralegal can do just as much as her firm will permit her to do.

The annual seminar was held at the Hermitage Hotel in Nashville on November 6 and 7, 1987. Subjects were Drafting Litigation Documents and Estate, Financial & Post Mortem Planning. Steven D. Parman, an attorney with the Nashville firm Watkins, McGugin, McNeilly & Rowan, presented “Drafting Litigation Documents” on Friday, November 6. Patrick C. Taintor, a lawyer with Luther, Anderson, Cleary, Ruth & Speed, Chattanooga, discussed “Estate Planning.” William Bowman and Charles G. Smith, Investment Advisors with Davis, Smith & Associates, Chattanooga, discussed “Post Mortem Planning.” We received valuable advise on how to draft better documents and how to plan for our financial futures. This was a very interesting and entertaining seminar.

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A seminar, The Fundamentals of Medical Malpractice, was held on June 11, 1988 at Day’s Inn, formerly the Benchmark, in Memphis. James S. Cox, a lawyer with James S. Cox & Associates in Memphis, presented the “Construction of Plaintiff’s Case.” Jerry O. Potter, a partner in the Hardison law firm in Jackson, presented the “Demolition of the Plaintiff’s Case.” The Honorable Robert L. Childers, Judge for the Thirtieth Judicial District of Tennessee and recipient of the Charles A. Rand Memorial Award as Outstanding Judge of the Year - - 1986, presented “Evidentiary Cornerstones.” Nella McCall, a Registered Nurse and attorney in private practice in Nashville, presented “Building Blocks - - Medical Records.” All speakers at this seminar were knowledgeable and dynamic. The seven hours passed rapidly, leaving those attending with a desire to learn more about medical malpractice. Mrs. McCall piqued everyone’s interest by telling us that we were never too old to pursue a dream - - that she graduated from law school at fifty. She certainly didn’t look fifty.

The 1988 annual seminar was held on November 4 and 5 at the Doubletree Hotel in Nashville. The seminar covered Practical Skills in Domestic Relations and Worker’s Compensation. On Friday, November 4, Gwen E. McFarland, an associate with Cheatham & Palermo, Nashville, discussed Domestic Relations: Practice and Procedure. The Saturday session was concerned with Worker’s Compensation: Practice and Procedure. David Clayton, an associate with Randall L. Kinnard & Associates, Nashville, discussed “the Plaintiff’s Perspective.” James C. Cummers, Of Counsel to Howell, Fisher & Branham, Nashville, discussed Worker’s Compensation from “the Defendant’s Perspective.” Lisa McAlistor, a representative of the Tennessee Department of Labor, Worker’s Compensation Division, discussed The Department of Labor’s Role in Worker’s Compensation Practice. Ann Bible, a Claims Adjuster with Underwriters Adjusting Company, Nashville, discussed The Adjuster’s Role in Worker’s Compensation Practice. This too, was an excellent seminar.

The 1989 annual seminar was held on November 3 and 4 at the Maxwell House in Nashville. The subject of the Friday afternoon workshop was Ethics in the Profession. It consisted of a panel composed of Charles High, Disciplinary Counsel for the Board of Professional Responsibility of the Supreme Court of Tennessee, Honorable Sharon Bell ,Chancellor of the Chancery Court of Knox County, Dr. Ann McCoin, Coordinator of the Legal Assistant Program at Cleveland State Community College, Karren Maxwell, CLA, NALA Region III Director, and Lana Hamilton, CLA, TPA president. The panelists critically examined certain canons of the American Bar Association Cod e of Professional Responsibility. Panel Participants were entertaining as well as informative. This was a most enlightening workshop.

The subject of the Saturday morning session was Dynamics of Documentation - - THE UCC: Pandemonium to Perfection and Public Records Access, presented by W. Richard Husar of Prentice-Hall Legal Services. He gave a broad overview of the Uniform Commercial Code and valuable advice on making use of public records. Once again, TPA presented an outstanding seminar.

The Knoxville chapter hosted an exceptional seminar on May 11 and 12, 1990 at the Grand Hotel and Convention Center in Pigeon Forge. On Friday, May 11, Judy Pinkston McCarthy, a Knoxville attorney, conducted a workshop on Complex Litigation Management and Donald F. Paine, a partner with Paine, Swiney & Tarwater in Knoxville conducted a workshop on Rules of Evidence/Rules of Procedure. Both did an outstanding job. Ms. McCarthy emphasized that document retention policies are important to both claimant and defendant. Mr. Paine defined Evidence as “That set of rules that govern procedure we follow during trial - - the law of facts.”

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A panel discussion of Ethics was presented on Saturday morning, May 12. Panelists were Honorable Sharon Bell, Chancellor Division III, Knox County Chancery Court, Honorable Mary Beth Leibowitz, Judge Division III, Knox County Criminal Court; Donald F. Paine; Charles W. Bone, a senior partner with Baker, Worthington, Crossley, Stansberry & Woolf in Knoxville; Mary Margaret Weddington, head of the Legal Assistant program at Pellissippi State Technical Community College; and Lana Hamilton, CLA, a legal assistant with Albert W. Secor in Chattanooga and Past President of TPA. The panel discussed the application of specific canons of the American Bar Association Model Code of Professional Responsibility. In a comparison which may be considered irreverent by some, Lana Hamilton compared the Model Code to the Bible. The Canons are similar to the Sermon on the Mount, giving a broad philosophy; the Ethical Considerations are more specific, like the Ten Commandments; and the Disciplinary rules are the bottom line, violation of which will bring divine retribution in the form of sanctions. In its ten-year history Tennessee Paralegal Association has sponsored twenty-four seminars on a wide range of topics. We have heard from legal assistants, lawyers, judges, paralegal educators, accountants, investment counselors, insurance adjusters, representatives of commercial enterprises, representatives of governmental entities and elected political officials, among others. Most of these speakers have been well-prepared, knowledgeable and entertaining. Those who have attended our seminars have evaluated the seminars and speakers preponderantly “excellent” with generous sprinkling of “good”. But I cannot lie. All speakers haven’t been uniformly excellent, or even good. Several (you can count them on one hand) gave erroneous information about some area of the law. A couple knew their subject well, but were poor at presenting their material. What I mean is – They were boring! A couple more ignored the time provided for their presentation - - they didn’t know when to shut up. Then there was the gentleman who failed to prepare for his presentation and tried to cover up with humor. However, these are exceptions. TPA has a tradition of presenting exceptional educational events covering a wide range of legal topics.

One November 2 and 3, 1990 TPA will continue its tradition of excellence with its annual seminar at the Maxwell House in Nashville. Concurrent sessions on Friday will include Recent Changes Affecting Estate Planning presented by Virginia C. Love, an attorney with Caldwell, Heggie & Helton, P.C., Chattanooga, and Administration of Estates presented by Debra C. Vinduska, CLA, a legal assistant with Silver and Hayes, Denver, Colorado. Two attorney /paralegal teams will present Investigation, Preparation and Trial of a Civil Case. Glenna Ramer, who practices in Chattanooga, and Mimi Walker will present “the Plaintiff’s Perspective.” Richard W. Bethea and Mildred B. Kilgore, of Stophel & Stophel, P.C. in Chattanooga, will present “the Defendant’s Perspective. A General Session open to everyone will be held on Saturday morning. Steven D. Parman, a partner with Watkins, McGugin, McNeilly & Rowan in Nashville, will discuss Drafting Legal Documents and Diana L. Dempsey, Regional Director of the Graphic Evidence Division of Litigation Services (LSI) in Los Angeles, California, will discuss a Strategic Approach to Demonstrative Exhibits in the Courtroom. This promises to be another in TPA’s series of outstanding seminars.

Perhaps the primary benefits of membership in any professional organization are the opportunities for continuing education and for social interaction with other professionals, TPA seminars provided members across the state an opportunity to share experiences and exchange ideas not only with other paralegals, but with legal secretaries, attorneys, judges, paralegal educators, federal and state court clerks, elected officials and people of other professions, while obtaining a valuable legal education which will enable all of us to do better jobs and develop interesting, challenging careers.

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TENNESSEE PARALEGAL ASSOCIATION SPRING BOARD MEETING

April 21, 2007

President Susan Veal called the 2007 Spring Board Meeting of the Tennessee Paralegal Association to order at 8:30 a.m. EST at Oak Tree Lodge in Sevierville, Tennessee. Members of the Board in attendance were: President Susan Veal; Treasurer Phyllis A. Carter; Second Vice President and Southeast Chapter Chairperson Louise Mulderink, CLA; Secretary Tammie C. Murphy, CLA; NALA Liaison Caleeta Beagles; East Tennessee Chapter Chairperson Nita Gorman; and Publication Chairperson Laysha McCullaugh.

Absent were: First Vice President Tracey Williams, CBA and West Tennessee Chapter Chairperson Tammy Bradford.

I. President’s Report The TPA website is doing great. A lot of inquiries are still coming into the website.

Most of the spring seminar brochures were mailed to non-members in East Tennessee. We previously discussed preparing a better directory to use to target paralegals who are not members of the TPA. The Board discussed developing an email database so that we can use it to send out brochures in the future.

II. Approval of Minutes of Winter 2007 Board Meeting The Board read the minutes taken from the meeting held on February 3, 2007. Motion was made and seconded approving the minutes except for correction of the spelling of Laysha McCullaugh’s name.

III. Treasurer’s Report

As of April 20, 2007, the checking account balance is $4,446.09 and the savings account balance is $2,812.77. John Barber of RAS made a special contribution to the East TN Chapter of the TPA. The Board decided to designate this contribution as a “Spring Seminar Contribution.”

Motion was made and passed to approve the Treasurer’s Report as stated to be submitted for audit.

Phyllis Carter will review our old directories to see how many members meet our 20-year rule for Lifetime Membership.

IV. First Vice President’s Report Tracey Williams was absent and will submit her Report to the Board via email. The Fall Seminar will be held at the Brentwood Hilton this year.

V. Second Vice President’s Report Louise Mulderink reported that membership applications are coming in and she is sending out membership certificates along with “thank you” notes. The renewal deadline is May 1st. Louse will email each chapter chairperson asking that they remind their members to pay their annual TPA dues. Louise is also drafting recruitment letters.

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VI. NALA Liaison Report Caleeta Beagles discussed NALA’s upcoming annual convention to be held in July. The Board discussed nominating someone for the Affiliated Association Award; any member nominated must also be a member of NALA. Nominations must be submitted to NALA by no later than May 1. We will need a listing of all TPA members who are also members of NALA. Caleeta will include a community service summary for each Chapter in her NALA report.

Caleeta also discussed the TPA exhibits that will be presented at the NALA convention. Caleeta will speak with Ms. Hicks at Legal Image about making us a banner.

The Board discussed what to give away at the NALA convention. We discussed ordering and handing out bags and/or emery boards with our logo on them. Motion was made and seconded that we purchase bags to hand out at the NALA convention. Money allocated for the hand-outs is $350.00 but we could spend as much as $700.00. We also briefly discussed asking sustaining members to advertise on one side the emery boards and have the TPA logo on the other side. We could re-use any of the leftover gifts at our fall seminar.

VII. Chapter Reports

A. Southeast Chapter --- The Chapter is continuing their fundraising for the Alzheimer’s Association. They are also planning a social for June.

B. East TN Chapter --- The chapter’s goal remains increasing its membership. Alisa Pruett sent out 40 to 50 recruitment packages. Nita Gorman reported that she has received phone calls from interested paralegals in the Kingsport, Tennessee area. The Chapter’s first social went well; other socials are being planned for June and August. The Chapter had T-shirts printed with the local chapter logo.

C. West TN Chapter --- Chapter chair unable to attend.

VIII. Publications Committee Report Laysha McCullaugh --- The next issue The Advocate will go out at the end of this month (April). Laysha reported that she is still seeking article submissions.

VIII. Old Business Bylaw revisions --- Jennifer Petty completed the updates and will send them to Caleeta Beagles to review. Caleeta will then forward them to the Board.

X. New Business

Susan Veal suggested that the Board sponsor a TPA member (NALA Convention Scholarship) to attend a NALA convention. We could devote $500.00 to help a member, who wishes to attend the convention but whose firm would not pay for it, with travel expenses. Motion was made and passed that the Board would make contribution toward Laysha McCullaugh’s travel expenses so that she can attend this year’s NALA convention since her firm will not pay for her. We will let the membership know ahead of time that the Board will contribute money to a member who wishes to attend a NALA convention.

Meeting was then adjourned at 9:41 a.m. EST Respectfully submitted, Tammie C. Murphy Tammie C. Murphy, CLA Secretary, Tennessee Paralegal Association

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Remember the Remember the Remember the Remember the Sustaining MembersSustaining MembersSustaining MembersSustaining Members That Support Us!!!!!That Support Us!!!!!That Support Us!!!!!That Support Us!!!!!

Tracy Imaging Roane State Community College National Networks Reporting, Co.

http://www.tracyimaging.com http://www.rscc.cc.tn.us/ http://www.nnrc.com/

Gibson Court Reporting The University of Tennessee at Chattanooga London & Amburn, P.C.

http://gibsonreporters.com/ http://www.utc.edu/ http://www.latlaw.com/

The University of Tennessee at Knoxville Miller & Martin, PLLC Records Acquisition Services, Inc.

http://www.outreach.utk.edu/ http://www.millermartin.com/ https://www.rastn.com/

Truesdel & Rusk Registered Professional Reporters Precise Reporting, Inc.

http://www.truesdelrusk.com/ http://precisereporting.net/

The Norcross Group http://www.norcrossgroup.com/

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Publications Chair MessagePublications Chair MessagePublications Chair MessagePublications Chair Message

I greet all of you with a new enthusiasm regarding our profession and us – the paralegal/legal assistants of our state, our nation and worldwide. The dedication that comes from each individual in our profession is astounding when you look at the large picture of what each of us does every day. Our personal lives are affected by the decisions that come with this dedication. Yes, it is only a job – yet it is part of who we are. It does not define us. It shows our character and desire to grow in all that we set out to accomplish. The Tennessee Paralegal Association – affiliate to NALA, the National Association of Legal Assistants – is our professional and personal outlet for growth and support in our profession and lives. As a student at UT Chattanooga, I joined our association and became an active member after graduating in 2002. This past year I joined NALA and as an affiliate of NALA I thought of us, as being an extension to their association. This may be true; I discovered more though when I attended my first NALA convention in New Orleans this last July. Our local chapters have monthly meetings and agendas and then we have our statewide, spring and fall, seminars. Each gives us another opportunity to meet with fellow paralegals, network, socialize, and learn more about legal topics of interest. As an affiliate of NALA, we are part of a larger organization that we do not necessarily participate in actively, as we participate, in our local chapter, and/or state association(s). The convention in New Orleans was more than I was expecting and inspired me; which I wish to share with you. Yes, I thought it was going to be a large conference with many people; although I did not foresee such a natural camaraderie among such a vast number of individuals. Even more interesting was that this convention was the first attended by many people, and that it was more than networking, learning or socializing. It was an inspiring experience to be in an environment where a great number of people who shared similar interests, yet had such different backgrounds; and all of them quick to answer your questions and ask questions of you. No one was a stranger. Even I, the person that likes to sit back, listen, and observe, found myself talking with many people. You could see and feel the friendship and networking that was being built by everyone. The NALA affiliate exchange presentations were exceptional. Each presentation was unique and provided ideas and an outline to “Planning a Free Business Reception to Promote Your Association” by Doreen Hall, CP, Jaye Koch, CP & Debby Sawyer, CP of Tidewater Paralegal Association and “How to Organize a Fun, Successful & Stress-free Seminar” by Lennis Ailey, CP and Debbie Overstreet, CP of Oklahoma Paralegal Association. These presentations revealed how each individual contributes to their association. No, it was not in the presentation itself. It is the fact it was each individual that contributed to the presentation. The presentation was prepared by them; which provided a “spring board” of inspiration with the tools that provided a clearer pathway, removing obstacles that may have been a discouragement in the past or eliminated an obstacle previously seen by the viewer. It is each of us that make a difference. If one of those individuals had not assisted in the preparation and presentment of the presentation, it is more than likely that there is one idea or point that was presented in their presentation that would have not made it into the inspiration. The same goes for the situation that maybe if there had been another individual that had contributed there would be another idea presented that was not part of the presentation. This is a hypothetical thought, but it does have some merit. Each one of us, by being part of our association, whether is only by attending or actively participating, makes a difference for themselves and those around them. Your presence does make a difference. NALA is beginning to make our presence known worldwide with their ongoing efforts and accomplishments. We are part of that, by our affiliation. We are part of those numbers. After being an active participant in their convention at New Orleans, I am proud to be among those numbers, more so than before. If you get anything from this message, I hope that you have discovered or re-discovered that being part of our association does make a positive difference in your life and others. It reaches even further than you thought.

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Message from The Paralegal Advocate Team

We would appreciate your contribution to The Paralegal Advocate by submitting articles of interest to you to be published. Please note the deadlines for each issue and feel free to provide any information you would like published prior to the deadline. If you would like to have articles published on specific topics in the Advocate, please contact us.

- The Paralegal Advocate Team �

THE PARALEGAL ADVOCATE

is published quarterly by the Tennessee Paralegal Association, an affiliate of the National Association of Legal Assistants, Inc. Articles and other information for the newsletter should be sent to the Advocate Team at the following address:

Tennessee Paralegal Association Attention: Advocate Team

Post Office Box 21723 Chattanooga, TN 37424

or [email protected]

DEADLINES FOR UPCOMING ISSUES:

WINTER: DECEMBER 31, 2007

SPRING: MARCH 31, 2008 SUMMER: JUNE 30, 2008

FALL: SEPTEMBER 30, 2008